Barrakat and Barrakat

Case

[2016] FamCA 953

11 November 2016


Details
AGLC Case Decision Date
Barrakat and Barrakat [2016] FamCA 953 [2016] FamCA 953 11 November 2016

CaseChat Overview and Summary

This case concerned parenting orders made by Forrest J in the Federal Circuit and Family Court of Australia. The dispute involved the mother and father of three children, B, C, and D, born in 2003, 2005, and 2008 respectively. The court was required to determine the living arrangements for the children, parental responsibility, and the nature and extent of the father's time with them, as well as other related matters.

The court was required to determine the primary caregiver for the children, the allocation of parental responsibility for major long-term issues, and the specific arrangements for the father's time with the children, including the level of supervision and communication protocols. Further issues included the children's names, the father's proximity to the children's schools and the mother's residence, and the father's ability to initiate contact with the children. The court also considered orders to prevent the children from being removed from Australia and the mother's ability to travel overseas with them.

Forrest J ordered that the children live with the mother and that she have sole parental responsibility for all major long-term issues, except for the children's names. The father was granted supervised time with the children, with specific protocols for scheduling and attendance. The court also imposed restraints on the father regarding communication with the children, proximity to their schools and the mother's home, and the removal of the children from Australia. The father was ordered to provide his contact details to the mother, and the mother was to provide a postal address for the father. The court also discharged previous parenting orders and made provisions for the Independent Children's Lawyer.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Injunction

  • Costs

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

H & K [2001] FamCA 687
Malburon & Waldlow [2013] FamCAFC 191